[Ord. No. 1356 § 1, 3-30-1987]
Private sewers are such sewers as have heretofore been constructed
and shall hereafter be constructed at private expense, and they may
be constructed before or after the establishment of general or district
sewer systems in this City by persons to whom the Board of Aldermen
of this City shall give the right by law or ordinance. Such sewers
shall be constructed only along such courses, streets, alleys, or
roadways, of such materials, in such manner and subject to such regulations
as to the disposition of the sewage as the Board of Aldermen of this
City may, by law or ordinance, prescribe; provided, that such private
sewers may at any time be taken and appropriated by this City and
incorporated into or made a part of any public or district sewer system
or systems by this City, in the manner provided in this Chapter.
[Ord. No. 1356 § 1, 3-30-1987]
Private sewers connected with the public, district or joint
district sewers may be constructed under such restrictions and regulations
as the Board of Aldermen may prescribe by law or ordinance; but the
City shall be at no expense in the construction, repairing, or cleaning
of the same, or for any damage that may arise from their construction.
[Ord. No. 1356 § 1, 3-30-1987]
Whenever the Board of Aldermen may desire to take and appropriate
any such private sewer and incorporate the same into or make the same
a part of a public or district sewer system of the City, the Board
of Aldermen shall pass an ordinance to that effect, and shall therein
state the sewer district into which the same shall be incorporated
or made a part of. Thereupon, the City Administrator of this City
shall ascertain and determine the proper amount of compensation to
be paid for such private sewer and report, in writing, to the Board
of Aldermen the amount by him so ascertained and determined. Thereupon
the Mayor shall cause to be served by the Chief of Police upon the
owner of such private sewer a certified copy of such ordinance, and
also a certified copy of such report of the City Administrator, and
such Chief of Police shall make return of such service to such Board
of Aldermen, the service thereof to be made in the same manner as
is provided by law for serving process in civil actions upon defendants.
[Ord. No. 1356 § 1, 3-30-1987]
A. Within ten (10) days after notice of such ordinance and report shall have been served as provided in Section
26-108, either such owner of private property or the City, if dissatisfied with the amount of compensation so reported by the City Administrator, may apply to the Circuit Court for the appointment of Commissioners to ascertain the amount of compensation to be paid for such sewer. When the amount of compensation to be paid shall have been finally determined, the Board of Aldermen shall appropriate the amount to be paid for such private sewer, if such private sewer is to be incorporated into or made a part of the public sewer system of the City, and shall upon demand of the owner, pay the same over to such owner; but if such private sewer is to be incorporated into or made a part of a district sewer, the City Administrator shall apportion the amount to be paid therefor among all of the lots or pieces of ground, exclusive of improvements, in the sewer district to which such private sewer is to be appropriated or made a part of in proportion to the area of such whole district, exclusive of the public highways, and report such apportionment, in writing, to the Board of Aldermen. The Board of Aldermen may thereupon levy and access a special tax by ordinance against each lot or piece of ground within such sewer district in the name of the owner thereof.
B. Thereupon special tax bills, payable to such owner of such private
sewer, shall be made out, certified, attested and recorded in the
same manner as is provided in Division 3, and their legal effect and
method of enforcement shall in all respects be the same as in such
provisions provided for special tax bills for the construction of
district sewers. Such special tax bills shall, on the demand of such
owner of such private sewer, be delivered to such owner, and shall
be in full payment of such private sewer. When and as soon as the
City shall have appropriated such amount so determined to be paid
for a private sewer to be appropriated to or made a part of the public
sewer system of the City, or shall have ready for delivery the special
tax bills herein provided for as the compensation to be paid for a
private sewer to be appropriated to or made a part of a sewer district
of the City, the title to such private sewer shall immediately vest
in the City, and the City shall thereupon be entitled to the immediate
possession and control of such sewer.
[Ord. No. 1356 § 1, 3-30-1987]
Any property owner in any block in this City may be authorized
and permitted by the Board of Aldermen, by ordinance, to construct
and maintain a private sewer line along and through any street, alley,
avenue, or other public or private property; provided, such sewer
shall be constructed on a line, of the material, in the manner, on
the grade and according to the plans and specifications of the State
Board of Health and the City for the construction of sewers. Such
works shall be done under the supervision, inspection, and approval
of the City Engineer or City Administrator. Such private sewer, when
properly constructed and approved, may be connected to any public
or lateral district sewer of this City without any charge therefor;
provided, that such sewer shall be constructed at the sole expense
of the owner of the property for which the sewer is required and that
such owner shall be liable for the costs of repairing, maintaining,
and cleaning the same. Such owner, and all persons who thereafter
are permitted to connect into such private sewer, shall be liable
for an sewer rental charge which may hereafter be prescribed by law
or ordinance. No private sewer shall be permitted on private property
until an adequate easement is obtained from the owner thereof for
the construction, maintenance, repair and cleaning of such sewer.
The owner of any property that is drained by a private sewer into
a public or district sewer, when such property is not situated within
the limits of a sewer district, shall be considered as a petitioner
for establishing a sewer district whenever any other property owner
with such proposed district shall petition the Board of Aldermen for
the establishment of a sewer district.